Bigamy as a Ground for Annulment: How Bigamy Invalidates a Marriage
When a person enters into a marriage while still legally bound to another living individual, it creates a voidable situation known as bigamy.The Legal Definition of Bigamy
Bigamy is classified as the act of entering into a marriage with one person while still being legally married to another. In most jurisdictions, a bigamous marriage is considered void ab initio, meaning the law treats the union as if it never existed.
Annulment vs. Divorce: Why It Matters
While a divorce ends a valid marriage, an annulment proclaims that the marriage was never valid to begin with. Since bigamy is a fundamental ground for annulment, the petitioner does not need to demonstrate irreconcilable differences; they simply need to provide proof of the prior existing marriage.
Financial and Parental Consequences
Even if a marriage is declared void due to bigamy, the court still has the jurisdiction to rule on matters of child support and custody.
Property Division: Courts may use fair division rules to ensure the innocent spouse is not left destitute by the annulment.
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Status of Children: Modern legal systems generally maintain the legitimacy of children born from bigamous unions.
The Process of Seeking an Annulment
To obtain an annulment on the grounds of bigamy, the petitioner must follow specific legal steps.
Proof of Prior Marriage: You must find a certified copy of the spouse’s previous marriage certificate and check that no divorce decree exists.
Legal Filings: This document details the claim of bigamy and requests the court to invalidate the union.
The bigamy ground for annulment Hearing: Once the court is satisfied of the prior marriage, the current marriage will be legally dissolved.
Criminal Implications of Bigamy
It is essential to remember that bigamy is not just a civil matter; it is a criminal offense in most bigamy ground for annulment regions. Prosecution is rare unless there is evidence of malice, but the threat remains a serious factor in these cases.
Conclusion
Discovering bigamy is a jarring experience, bigamy ground for annulment but the law provides a clear path through annulment. Consulting with a qualified family law attorney is the bigamy ground for annulment best way to ensure your rights are upheld bigamy ground for annulment during this complex time.